Many couples going through a divorce for the first time believe there’s only one way the next several months will go. They and their spouse will struggle to see eye to eye, emotions will take over, and they’ll spend significant time and money spinning their wheels with legal motions, a never-ending trial, and custody battles. This is what everyone refers to as the dreaded “contested divorce.” But it doesn’t have to be that way for everyone. Believe it or not, spouses can part amicably, and life can move on quickly for families just like yours. This is the main difference between contested and uncontested divorces.
You’ve likely heard the terms “contested” and “uncontested” divorce and had a pretty good idea of their meaning. Today’s blog post aims to define them in greater detail and open your eyes to the idea that not every divorce process has to be nasty.
How Are Uncontested Divorces Different?
Choosing to end your marriage is never ideal, but there are more uncontested divorces in the United States than many think. Just like it sounds, an uncontested divorce happens when both parties decide in advance not to disagree over the divorce itself, the specifics of their separation, and what they each want to happen.
They don’t want to go to trial. They don’t wish to get bogged down in who gets the house, boat, dog, or airline miles.
Simply put, going their separate ways is in everyone’s best interest.
Before you can proceed with an uncontested divorce, you and your spouse must agree on all the issues in your unique situation, including asset and debt division, spousal maintenance, child custody and visitation. It’s also essential that all parties realize that each state has different rules for uncontested divorces.
Even if you and your spouse are committed to an uncontested divorce, it’s still important to speak with an attorney from our Christman | Daniell Attorneys team to ensure your rights and long-range perspectives are considered.
What Is a Contested Divorce?
As stated earlier, the complexities of the divorce process and what led you and your spouse to this decision might send you down a far more contentious path. Even if you are on speaking terms and agree on some things, reaching a peaceful resolution on other matters might feel like moving mountains. This often leads parties to resolve their issues in court.
Ultimately, you will need a family law attorney in your corner as you move through a contested divorce. The Court’s job will be to decide how to handle your relationship’s unique issues and render a just and fair ruling to all parties.
Most contested divorce cases require aggressive advocacy, especially when children are involved. We help the client develop and execute the best strategies to avoid leaving a wake of destruction, the brunt of which falls largely on the innocent and impressionable children of divorce. Christman | Daniell Attorneys’ primary goal is to protect our client’s interests, equip them for a difficult journey, and deliver skilled and legal advocacy and advice.
Please call Christman | Daniell Attorneys, for your legal needs today!
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell Attorneys, believe in tailoring legal advice and solutions to your own personal circumstances.
We have an unwavering commitment to helping our clients at each stage of their legal situation.
